Muthoni v MTN Sacco Limited (Tribunal Case E742 of 2025) [2025] KECOPT 581 (KLR) (11 December 2025) (Ruling)
- Court
- Copyright Tribunal
- Case number
- 581
- Citation
- [2025] KECOPT 581 (KLR)
- Decided
- 11 December 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPostureRespondent granted 21 days to file and serve statement of Defence, witness statement and list of documents to be used at trial. Claimant granted 30 days to file and serve supplementary documents if need be upon service.CoramHON. J. MWATSAMA, HON. BEATRICE SAWE, HON. FRIDAH LOTUIYA, HON. PHILIP GICHUKI, HON. MICHAEL CHESIKAW, HON. P. AOL
Holding
The claimant is entitled to a temporary injunction to prevent the respondent from suspending his membership and to allow him to use his motor vehicle registration number KDC XXXK for passenger transport within the Sacco.
Facts
John Irungu Muthoni, the claimant, was suspended from membership of MTN Sacco Limited without due process, leading to the loss of his motor vehicle registration number KDC XXXK, which he used for passenger transport within the Sacco.
Issues
- Whether the claimant is entitled to a temporary injunction to prevent the respondent from suspending his membership and to allow him to use his motor vehicle registration number KDC XXXK for passenger transport within the Sacco.
- Whether the claimant has established a prima facie case with a probability of success and irreparable loss that cannot be compensated by an award of damages if the injunction is not granted.
Reasoning
The court found that the claimant has a prima facie case and that he stands to suffer irreparable harm if the injunction is not granted. The balance of convenience tilts in favor of the claimant.
Outcome
The claimant's notice of motion is granted.
Orders
- Temporary injunction retraining the Respondents from suspending the Claimant’s membership pending the hearing and determination of the suit.
- The Applicant to enjoy all the rights of membership, including but not limited to having his motor vehicle registration number KDC XXXK to carry on business within the Sacco pending the hearing and determination of the suit.
Remedies
- Temporary injunction to prevent the respondent from suspending the claimant's membership.
- Allowing the claimant to use his motor vehicle registration number KDC XXXK for passenger transport within the Sacco pending the hearing and determination of the suit.
Authorities cited
Cases cited (1)
- East Africa (Giella v Cassman Brown & Co. Ltd) (1973) EA
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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